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SANJAY K. AGRAWAL
Manoj Pandey @ Brijbhal, S/o. Sabhajit Pandey – Appellant
Versus
Manoj Dhruw – Respondent
ORDER :
1. Invoking jurisdiction of this Court under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 (hereinafter for brevity 'the Act of 1971') and also read with para 11.7 of the judgment rendered by the Hon’ble Supreme Court in the matter of Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273, this contempt petition has been filed by the petitioner herein for punishing the contemnors herein herein for wilfully disobeying the direction issued in the matter of Arnesh Kumar (supra) and arresting the petitioner in violation of direction so issued therein.
2. The instant contempt petition has been filed on following factual backdrop:-
2.1 On the complaint made by one Amit Jaiswal, complainant therein, FIR No. 172/2023 at Police Station Pandri, District Raipur, C.G. for offence punishable under Section 384 of the IPC [the said offence is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both] was registered on 02.06.2023 at 9:30 pm and petitioner was arrested immediately thereafter and produced before the Judicial Magistrate First Class, Raipur on 03.06.2023 and j
The main legal point established in the judgment is the necessity for police officers to have a reason to believe and be satisfied about the necessity of arrest, as well as the requirement to record ....
Failure to comply with procedural requirements under Section 41-A of Cr.P.C. during arrest was ruled as a violation of personal liberty and contempt of court.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
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